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Amanda P., et vir, as Parents and Next Friends of T. P., a Minor Individual with a Disability v. Copperas Cove Independent School District

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 20-50373 · judgment March 1, 2021


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether de novo review or clear error is the standard of review applicable to the question of whether a school district has provided a free appropriate public education (“FAPE”) to a child with a disability under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. 1400 et seq.

  2. In cases arising under the IDEA, whether judicial deference is owed to school district procedures that delay evaluation of students with disabilities or that otherwise violate the IDEA.

  3. Whether a retrospective assessment of “some” or “objective” progress, regardless of how minimal, is sufficient to determine that a school district has provided FAPE under this Court’s holding in Endrew F. ex rel. Joseph F. v. Douglas Cty. Sch. Dist. RE-1, 137 S. Ct. 988 (2017).

Counsel of record

For petitioner
Andrew Kiernan Cuddy
Cuddy Law Firm, P.C.

For respondent
Bridget R. Robinson
Walsh Gallegos Trevino Kyle & Robinson P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 27 2021
    Waiver of Copperas Cove Independent School District of right to respond not accepted for filing. (August 31, 2021)
  4. Aug 27 2021
    Waiver of right of respondent Copperas Cove Independent School District to respond filed.
  5. Jul 29 2021
    Petition for a writ of certiorari filed. (Response due September 1, 2021)